The Ethics of Human Rights (94): Spheres of Life

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I was never happy with some of the traditional distinctions in political theory such as state-church, state-society, etc. (The same is true for some traditional equations such as public and state). Don’t get me wrong, I think these two distinctions in particular are very important, but they tend to become simplistic in political discussions.

That is why I would like to propose a new model, which contains the distinctions, but also makes the different spheres overlap. Moreover, it includes an important distinction which is seldom made but very useful when discussing the problem of religious politics in a society which at the same time values religion in politics AND wants to hold on to the separation of church and state: namely the distinction between politics and the state. This distinction also makes it possible to accept a high level of citizen engagement in politics (direct democracy for instance) without abandoning the important distinction between state and society (some argue that direct democracy leads to a blurring of this distinction, and hence leads to an infiltration of the state in society, with totalitarianism as a result).

My model is stylized as a figure composed of squares and numbers. The squares represent the spheres of human life. I identify 7 overlapping or encompassing spheres: private and public life, personal and family life, social life, political life, and the state.

The numbers in the figure represent types of human activities: feelings, thoughts, judgments, relationships and actions.

The model is prescriptive, not descriptive: it pretends to describe an ideal situation, not actual human life. I understand that reality is too complicated to be forced into a simple drawing, but simplifications are often useful.

The gray area in the figure represents the scope of legitimate legislation, again ideally speaking. The whole of the state’s activity should be legislated. No state activity should take place outside of the law. This is the concept of the rule of law. All other parts of life can be partially regulated by law, apart from the purely personal, the activities which do not regard other people and which can never inflict harm on other people (for example thoughts, convictions, suicide, euthanasia etc.). This is John Stuart Mill ‘s Harm Principle.

Some examples of the different types of human activity, linked to the numbers in the figure above:

  1. Feelings of loneliness
  2. Marital infidelity or adultery (in some countries, the grey area would extend to this); Raising children in the family, but not the task of educating children, because education is that part of raising children, which is a public activity (education is the transmission of public knowledge) and is part of number 8
  3. Certain socially determined or guided moral convictions about family life, for example the division of labor in the family (some feminists or egalitarians demand government intervention and regulation in order to establish a more equal division, and according to them the grey area should extend to this)
  4. Certain socially determined or guided moral convictions unrelated to family life, for example convictions about the permissibility of suicide
  5. Gardening
  6. Child abuse
  7. Violence within the family, caused by patriarchy
  8. A sports club
  9. A cultural society, a church, certain political convictions
  10. A school (the government has a right and a duty to regulate education to some extent, hence it is in the grey area)
  11. Political participation outside government institutions, for example electing representatives, voting in a referendum, membership of and activity in a political party, participation in political demonstrations, in pressure groups, in lobbying etc.
  12. Political participation within government institutions, for example participation in local government meetings, in a jury, being an elected representative in parliament
  13. Espionage. Espionage is obviously not a public activity, but it is nevertheless part of public life, because in a democracy, espionage must become public, after the fact. It is a secret activity, not because it should never be known to the public, but because it involves acts that require secrecy, in order to be successful and effective. However, this requirement loses its force a certain time after the performance of the acts, which is why these secret acts can become public after a while.
  14. Administration, government bureaucracy
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